In most instances, you never plan to fight or get into an altercation with someone else.
You also never plan to face assault charges, get convicted, or do time for the crime.
But, what happens if you have been sued for assault.
According to research, more than 800,000 assault cases are reported each year in the United States.
Assault charges are categorized under criminal law, and this means that if convicted, you can face some severe penalties, do time, or both.
Therefore, it is important to know what your state considers an assault and what you need to do if facing such charges.
What Is Assault?
This is a legal term used to refer to an attempt to cause harm or an illegal threat to another person.
It is an attempt to use any kind of force to injure someone.
The main difference between battery and assault is that you do not have to contact someone physically to face the charges.
An assault is a tort and a crime. If you are sued, you may face both civil liability and criminal charges. If you are facing such charges, you may want to hire a good Tampa criminal defense lawyer to defend you.
Apart from a fine or jail time, a conviction can also lead to some monetary compensation awarded to the plaintiff.
Assaults are categorized as:
Aggravated Assault
This assault is the most serious and attracts severe penalties.
An assault is aggravated when the defendant uses a weapon such as a baseball bat, a gun, or a knife to threaten the victim during the attack.
You can face aggravated assault charges regardless of whether you used a weapon. The servility of the penalty will depend on the following factors:
- The perpetrators intent
- The weapon used
- The degree of the injury caused
- The status of the victim
Remember, assault charges do not require proof of physical harm.
As long as the perpetrator had a weapon with them and the weapon inflicted fear in the victim, they will face the charges.
Fear is more harmful than injury, and it can have adverse effects on one’s state of mind.
Some jurisdictions classify aggravated assaults as a felony, and the penalties in such cases are more severe.
Simple Assault
A simple assault is an attack or threat without the use of a weapon. This attack can result in scratches, bruises, a black eye, cuts, and swelling.
Though the perpetrator may not have severely injured the victims, they will still face charges.
Simple assault charges are common in situations such as the following:
- A threatening act: where the perpetrator causes their victim to fear that they might attack them. For example, raising your hand as if you want to slap them or waving your fist at them.
- A failed attempt: Trying to strike someone, but they move or run
Simple assault may lead to lighter penalties. Your lawyer will also know how best to defend you to ensure that you get minimal penalties.
Why You Need a Good Criminal Lawyer
Assault charges are quite serious.
This is why you should hire a lawyer immediately whenever you get charged for this kind of crime.
This is because whatever you say after being charged can either make or break your case whether you are guilty or not.
Facing the law and answering charges can be a very tough time for both the prosecuted and their family. It would be best if you had somebody who understands the law and the language of the court.
A lawyer will ensure that you do not face criminal charges alone.
They will work aggressively and relentlessly to make sure that you receive the best defense.